West Virginia Code 17A-6F-2 – Definitions
As used in this article:
Terms Used In West Virginia Code 17A-6F-2
- Car sharing delivery period: means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement. See West Virginia Code 17A-6F-2
- Car sharing program agreement: means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
- Car sharing start time: means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
- Car sharing termination time: means the earliest of the following events:
The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement. See West Virginia Code 17A-6F-2
- Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See West Virginia Code 17A-1-1
- Owner: means a person who holds the legal title to a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be considered the owner for the purpose of this chapter. See West Virginia Code 17A-1-1
- Peer-to-peer car sharing: means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
- Peer-to-peer car sharing program: means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. See West Virginia Code 17A-6F-2
- Person: means every natural person, firm, copartnership, association, or corporation. See West Virginia Code 17A-1-1
- Shared vehicle: means a vehicle that is available for sharing through a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
- Shared vehicle driver: means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. See West Virginia Code 17A-6F-2
- Shared vehicle owner: means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
“Peer-to-peer car sharing” means the authorized use of a vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program. “Peer-to-peer car sharing” is not a “daily passenger rental car business” as licensed by the provisions of § 17A-6D-1 et seq. of this code.
“Peer-to-peer car sharing program” means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. “Peer-to-peer car sharing program” does not mean a service provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle. For purposes of this section, “hardware” does not mean a motor vehicle as defined by the provisions of §17A-1-1(b). “Peer-to-peer car sharing program” does not mean a “daily passenger rental car business” as licensed by the provisions of § 17A-6D-1 et seq. of this code. “Peer-to-peer car sharing program” does not include a program provided to a business’s own employees.
“Car sharing program agreement” means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program.
“Shared vehicle” means a vehicle that is available for sharing through a peer-to-peer car sharing program. “Shared vehicle” does not mean a rental car or a rental vehicle as used in a “daily passenger rental car business” licensed by the provisions of § 17A-6D-1 et seq. of this code.
“Shared vehicle driver” means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement.
“Shared vehicle owner” means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.
“Car sharing delivery period” means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement.
“Car sharing period” means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time, and in either case ends at the car sharing termination time.
“Car sharing start time” means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.
“Car sharing termination time” means the earliest of the following events:
The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement;
When the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program, and which alternatively agreed upon location shall be incorporated into the car sharing program agreement; or
When the shared vehicle owner or the shared vehicle owner’s authorized designee, takes possession and control of the shared vehicle.